§ 732 - Supplementary powers - Vermont Statutes

§ 732. Supplementary powers

(a) In addition to the powers granted the authority under section 731 of this chapter, and only pursuant to projects specifically authorized by section 730 of this title, the authority:

(1) May acquire, by purchase, gift, grant, transfer, contract or lease any transportation facility related to, supporting, or connected with an authorized project, wholly or partially within the state, or any part thereof or the use thereof, and may enter into any joint service arrangements provided under the provisions of this chapter. Any acquisition or joint service arrangement shall be authorized by resolution of the authority.

(2) May, on the terms and conditions it determines necessary, convenient or desirable establish, construct, effectuate, operate, maintain, renovate, improve, extend or repair any transportation facility related to, supporting, or connected with an authorized project; in connection therewith it may provide for the establishment, construction, effectuation, operation, maintenance, renovation, improvement, extension or repair by contract, lease or other arrangement on the terms it deems necessary, convenient or desirable with any person, including but not limited to any common carrier or freight forwarder, the state, any state agency, the federal government, any other state or agency or instrumentality, any public authority of this or any other state, or any political subdivision or municipality of the state. In connection with the operation of any authorized project, the authority may establish, construct, effectuate, operate, maintain, renovate, improve, extend or repair or provide by contract, lease or other arrangement for the establishment, construction, effectuation, operation, maintenance, renovation, improvement, extension or repair of any related services and activities it deems necessary, convenient or desirable, including but not limited to the transportation and storage of freight and the United States mail, feeder and connecting transportation, parking areas, transportation centers, stations and related facilities.

(3) May establish, levy and collect or cause to be established, levied and collected and, in the case of a joint service arrangement, join with others in the establishment, levy and collection of fares, tolls, rentals, rates, charges and other fees it deems necessary, convenient or desirable for the use and operation of any authorized project and related services operated by the authority or by a subsidiary corporation of the authority or under contract, lease or other arrangement, including joint service arrangements with the authority. The fares, tolls, rentals, rates, charges and other fees shall be established by the authority and shall be sufficient to maintain the combined operations of the authority and its subsidiary corporations on a self-sustaining basis. The operations shall be deemed to be on a self-sustaining basis as required by this chapter when the authority is able to pay or cause to be paid from revenue and any other funds or property actually available to the authority and its subsidiary corporations as the same shall become due:

(A) The principal and interest on the bonds and notes and other obligations of the authority and subsidiary corporations, together with the maintenance of proper reserves;

(B) The cost and expense of keeping the properties and assets of the authority and its subsidiary corporations in good condition and repair; and

(C) The capital and operating expenses of the authority and its subsidiary corporations.

(4) May contract with the holders of bonds and notes with respect to the exercise of the powers authorized by this section.

(5) May establish and, in the case of joint service arrangements, join with others in the establishment of schedules and standards of operations and other rules and regulations, including but not limited to rules and regulations governing the conduct and safety of the public as it may deem necessary, convenient or desirable for the use and operation of any authorized project and related services operated by the authority or under contract, lease or other arrangement, including joint service arrangements, with the authority. In the case of any conflict between any rule or regulation of the authority governing the conduct or safety of the public and any law, ordinance, rule or regulation, the rule or regulation of the authority shall prevail. Violation of any rule or regulation of the authority governing the conduct or the safety of the public in or upon any authority facility shall constitute an offense and shall be punishable by a fine not exceeding $50.00 or imprisonment for not more than 30 days or both.

(6) May acquire, hold, own, lease, establish, construct, effectuate, operate, maintain, renovate, improve, extend or repair any of its facilities through, and cause any one or more of its powers, duties, functions or activities to be exercised or performed by one or more wholly owned subsidiary corporations of the authority and may transfer to or from any subsidiary corporation any moneys, real property or other property for any of the purposes of this chapter. Any subsidiary corporation or corporations established pursuant to this chapter shall be constituted as instrumentalities of the state and any powers conferred to subsidiary corporations pursuant to this chapter shall be deemed essential governmental functions of the state. The directors or members of each subsidiary corporation shall be the same persons holding the offices of members of the authority. Each subsidiary corporation and any of its property, functions and activities shall have all of the privileges, immunities, tax exemptions and other exemptions of the authority and of the authority's property, functions and activities. Each subsidiary corporation shall be subject to the restrictions and limitations to which the authority may be subject and shall be subject to suit in accordance with section 731 of this chapter. The employees of any subsidiary corporation, except those who are also employees of the authority, shall not be deemed employees of the authority.

(7) May, in its own name or in the name of the state, apply for and receive and accept grants of property, money and services and other assistance offered or made available to it by any person, government or agency whatever. It may use that assistance to meet capital or operating expenses and any other use within the scope of its powers, and to negotiate for the same upon the terms and conditions the authority may determine necessary, convenient or desirable.

(8) May do all things necessary, convenient or desirable to manage, control and direct the maintenance and operation of authorized projects, equipment or real property operated by or under contract, lease or other arrangement with the authority. Except as provided in this chapter, no municipality or political subdivision, including but not limited to a county, city, village, town or school or other district shall have jurisdiction over any facilities of the authority or any of its activities or operations. The local laws, resolutions, ordinances, rules and regulations of a municipality or political subdivision, conflicting with this chapter or any rule or regulation of the authority shall not be applicable to the activities or operations of the authority, or the facilities of the authority, except the facilities that are devoted to other than transportation purposes. Each municipality or political subdivision, including but not limited to a county, city, village or town in which any facilities of the authority are located, shall provide for police, fire and health protection services of the same character and to the same extent as those provided residents of the municipality or political subdivision. The jurisdiction, supervision, powers and duties of the transportation board shall not extend to the authority in the exercise of any of its powers under this chapter, unless specifically authorized by this chapter.

(9) May, whenever it determines that it is in the interest of the authority, dispose of any real property or other personal property which it determines not necessary, convenient or desirable for its purposes.

(10) May, whenever it shall determine that it is in the interest of the authority, rent, lease, or grant easements or other rights in, any real property or other personal property of the authority.

(b) Any agreements for the rental, lease, or use of any equipment, tracks, roadbed, bridges or other railroad facilities owned by the authority shall provide that the lessee is obligated to maintain the leased property or to provide compensation in an amount equal to reasonable maintenance costs. (Added 1973, No. 14, § 2, eff. Feb. 23, 1973; amended 1999, No. 18, § 15, eff. May 13, 1999.)